Divorce Questions & Answers

Q: divorce paper say I get house. Mortgage in my name but her name on deed still how do I get her name off but have lein

1 Answer | Asked in Divorce for Florida on Jul 1, 2015

Answered on Jul 2, 2015

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Robert Jason De Groot's answer
Things can get quite complicated in divorce cases, this is just one example of the need to have an attorney.

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Q: In a common law marriage in Al. If a house was giving to the husband as a gift from his parents and then he passes away

1 Answer | Asked in Divorce for Alabama on Jul 1, 2015

Answered on Jul 2, 2015

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Mr. James Parrish Coleman's answer
Let me make sure I have the facts: A man and a woman were married in Alabama (by common law) and during the marriage a house was deeded to the husband by his parents. Then, the husband died. The question is what right does the wife (now widow) have to the house. Here is the answer: the house is part of the estate of the husband. If the husband died with a will, then the will controls what happens to the house -- subject to something called the Spousal Elective Share. If the husband died without...

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Q: HOW CAN I GET THE DIVORCE IF I DONT LIVE IN UNITED STATES?

1 Answer | Asked in Divorce for Florida on Jun 29, 2015

Answered on Jun 30, 2015

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Robert Jason De Groot's answer
Hire an attorney in Key West, Monroe County, FL. The residency requirement is met because the husband has lived in FL for more than 6 months.

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Q: How do I find a lawyer that does pro bono work?

1 Answer | Asked in Divorce for New York on Feb 1, 2015

Answered on Jun 28, 2015

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Marco Caviglia Esq.'s answer
Contact the local legal aid office, the local bar association, and any special interest group which might be interested in your case.

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Q: What am I entitled to?

1 Answer | Asked in Divorce for New York on Feb 1, 2015

Answered on Jun 28, 2015

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Marco Caviglia Esq.'s answer
Some spousal support may be in order. You are entitled to an equitable share of any marital assets in the marriage and liable for an equitable portion of the liabilities from the marriage.

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Q: Is child support mandatory when getting divorce even if I don't want to put him on it

1 Answer | Asked in Divorce for New York on Feb 26, 2015

Answered on Jun 28, 2015

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Marco Caviglia Esq.'s answer
Not mandatory, but the court must state and agree with the reasons why the custodial spouse is foregoing it.

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Q: My husband receives SS Disability in addition to his NYS pension, what would I be entitled to with 2 young children?

1 Answer | Asked in Divorce for New York on Jun 18, 2015

Answered on Jun 28, 2015

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Marco Caviglia Esq.'s answer
If you are speaking about child support, that income is included for purposes of calculating his 25% of post-FICA income for the support.

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Q: My divorce stipulation of settlement was signed by a judge but never filed with the court. Can I revoke the terms?

1 Answer | Asked in Divorce for New York on Jun 22, 2015

Answered on Jun 28, 2015

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Marco Caviglia Esq.'s answer
Probably not, but if you are in a judicial department other than the 2d, you should consult an attorney as the filing may be at issue and have consequences upon its enforceability.

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Q: is an inheritance something that has to be divided in a divorce?

1 Answer | Asked in Divorce for New York on Jun 23, 2015

Answered on Jun 28, 2015

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Marco Caviglia Esq.'s answer
An inheritance to one spouse is not marital property, so long as it is no commingled if it is susceptible to that nor signed over in some form to give the spouse ownership rights.

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Q: I live in the State of New York. My ex and I signed a legal separation papers and filed for an uncontested divorce. He

1 Answer | Asked in Divorce for New York on Jun 23, 2015

Answered on Jun 28, 2015

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Marco Caviglia Esq.'s answer
You cannot get a divorce if your spouse will not consent to it, for whatever reason. You are still in a much better position than if there were no prior legal separation. You can get a judge assigned, and proceed with the conversion divorce, and it is up to him to show that you have not complied with all substantial terms, and if he cannot, the court will grant the divorce. If you need further help, you should consult with a local matrimonial attorney.

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Q: If I, plaintiff, decide to purchase a newer car be4 divorce iscsettled(june2015) n husb been served since August 2014 am

1 Answer | Asked in Divorce for New Jersey on Mar 31, 2015

Answered on Jun 28, 2015

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Santo Artusa Jr.'s answer
The quick answer is if you used money your own money post divorce complaint, that asset is yours. If you obtained the asset from marital funds then those funds must be accounted for.

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Q: Married for 8 years.I owned my home out right prior to marriage along with other properties. Self employeed for 28 years

1 Answer | Asked in Divorce for New Jersey on May 26, 2015

Answered on Jun 28, 2015

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Santo Artusa Jr.'s answer
The value of the house should be yours unless you added money to the asset during the marriage then the spouse could be entitled to the increase from that addition. If your spouse lived in the home, your spouse may be entitled to a share in the house if it was the marital home.

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Q: Trying to settle a divorce - my ex inherited 800K in assets - does this impact alimony number?

1 Answer | Asked in Divorce for New Jersey on Jun 9, 2015

Answered on Jun 28, 2015

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Santo Artusa Jr.'s answer
When alimony is in consideration, all assets are considered. Even though these assets are not subject to equitable distribution, all assets available to a party can be considered.

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Q: Separated 10 years are we legally divirced

1 Answer | Asked in Divorce for Indiana on Jun 27, 2015

Answered on Jun 28, 2015

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Santo Artusa Jr.'s answer
You are not divorced unless you have an order from the court indicating such.

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Q: annulment..marriage not consumed which took place just a month ago.. have not lived together yet

1 Answer | Asked in Divorce for Ohio on Jun 23, 2015

Answered on Jun 27, 2015

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Matthew Williams' answer
Probably. https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/LawYouCanUse-199.aspx

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Q: Married 5 years. Moved here 5 months. Need to move back to CA. Do I have any rights

1 Answer | Asked in Divorce for Ohio on Jun 24, 2015

Answered on Jun 27, 2015

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Matthew Williams' answer
You have lots of rights, but you need to hit the six month mark of residency in Ohio before an Ohio court will have jurisdiction over your divorce. Until then, the proper venue is the court in CA where you were married.

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Q: I was married in Alabama 2 years ago, but lived together only 2 months. I have no idea where he is, how do I divorce?

1 Answer | Asked in Divorce for Alabama on Jun 5, 2015

Answered on Jun 27, 2015

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Mr. James Parrish Coleman's answer
Did you get a license to marry before your father did the ceremony? If so you are married ceremonially. If there was no license and if the minister did not have the authority to perform the marriage, you still would be married by common law if: you both at the same time intended to be married, you lived together as husband and wife, you held yourselves out to the community as married. If those things are satisfied, you are married. As to the drug intoxication -- presumably you were sober some...

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Q: Cost of attorney for divorce

1 Answer | Asked in Divorce for Alabama on Jun 10, 2015

Answered on Jun 27, 2015

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Mr. James Parrish Coleman's answer
What is your question? The Court does not appoint lawyers in divorce actions. Your brother has to hire a lawyer.

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Q: I have been separated from my husband for 30 Years. He is now deceased. Are we considered legally divorced in Alabama

1 Answer | Asked in Divorce for Alabama on Jun 5, 2015

Answered on Jun 27, 2015

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Mr. James Parrish Coleman's answer
On the facts you describe (no divorce) you are his widow, not his ex-wife. There is never a divorce without a divorce decree. Any marriage you or he made after your separation is invalid and bigamous.

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